沈阳工业大学学报（社会科学版）2016，Vol.9Issue(6)：505-511,7.
考古类文物返还的法律难题及解决之策∗
Legal conundrums and solutions of return of Chinese archaeological cultural relics
摘要
Abstract
During the reasonable recourse of stolen archaeological cultural relics of China from other countries, there are always obstacles and impasse in the law system between home country and host country of cultural relics. The case is studied about the gold foils stolen from Eastern Zhou Tombs in Mountain Dapuzi, Li County, Gansu Province. According to the domestic legal provisions of China and France, the conundrums during the process of ownership transformation of disputed subject matter of the case are analyzed, and the balances are paid attention among interests of the original owner, the third person in good faith, the limitation of action, the national interest, and the public policy etc. According to the regulations of international soft law, the rules benefiting permanent return of ownership of Chinese cultural relics are summarized. The original litigation path with less feasibility is abandoned. Bilateral consultation and negotiation are exerted between China National Bureau of Cultural Relics and French Guimet Museum with rational, advantageous and articulate manners. That has promoted the return of archaeological cultural relics through permanent return of property ownership.关键词
文物返还/考古类文物/金箔饰片/所有权/永久回归/管辖权/法律适用Key words
cultural relics return/archaeological cultural relics/gold foils/ownership/permanent return/jurisdiction/application of law分类
社会科学引用本文复制引用
刘浩..考古类文物返还的法律难题及解决之策∗[J].沈阳工业大学学报（社会科学版）,2016,9(6):505-511,7.基金项目
中国政法大学研究生院委托项目。 （）
